STATE EX REL. HERMAN v. HAGUE

No. 2 CA-CIV 560.

10 Ariz. App. 404 (1969)

459 P.2d 321

STATE of Arizona ex rel. Justin HERMAN, Director, Arizona Highway Department, Appellant, v. Arthur HAGUE, dba Hague Truck Stop et al., Appellees.

Court of Appeals of Arizona. Division 2.

Rehearing Denied October 30, 1969.

Review Granted November 25, 1969.


Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., Phoenix, by William Kimble, Special Asst. Atty. Gen., for appellant.

Dunseath, Stubbs & Burch, by Robert Stubbs, Tucson, for appellees.


KRUCKER, Chief Judge.

Plaintiff-appellant, the State of Arizona, filed an action in eminent domain against defendants, Enos P. Schaffer, et al, to adjudicate the damage, if any, from the State's limiting direct access to defendants' seventeen parcels of land at Jaynes Station on the Casa Grande Highway. Defendants generally counterclaimed for damages for inverse eminent domain. The court, Judge Garrett presiding, ruled that as a matter of law, defendants were entitled...

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